Fort Lauderdale Construction Defect Lawyer

Florida’s Construction Defect Law: Chapter 558 Overview

Florida’s construction defect statute (Chapter 558 of the Florida Statutes) requires a strict pre-suit notice-and-cure process before you can file a lawsuit. Courts enforce these requirements closely, and a defect claim that skips a step can be dismissed before the court ever hears the merits.

What the Law Considers a Construction Defect

• Structural or foundation defects
• Water intrusion, drainage, and mold issues
• Electrical, plumbing, and HVAC deficiencies
• Roofing, window, and door defects
• Soil, grading, and site-work defects
• Building Code violations that cause real physical harm or damage to a building’s performance (a “material violation” under §553.84)

Who Can Be Held Responsible

Depending on how the defect arose, liability can extend to:

• Developers
• General contractors
• Subcontractors
• Design professionals (architects and engineers)
• Material suppliers, in certain circumstances

Florida Construction Defect Deadlines You Can’t Afford to Miss

The Chapter 558 Notice of Claim

Before filing suit, Chapter 558 generally requires a written Notice of Claim identifying the alleged defects, giving the contractor, subcontractor, developer, or design professional the opportunity to inspect the property and, in many cases, offer a cure before litigation begins. For a claim brought by an association representing 20 or more units, that notice period generally runs 120 days, but for other claims, it’s generally 60 days. Filing suit before this window has run can result in dismissal or abatement.

The 4-Year Statute of Limitations

Under Florida Statute §95.11(3)(c), most construction defect claims must be filed within four years. For latent (hidden) defects, that clock generally starts when the defect was discovered or reasonably should have been discovered, not necessarily when the work was finished.

The 7-Year Statute of Repose

Florida also imposes a statute of repose, which is an outside deadline that applies no matter when a defect is actually discovered. Under changes the Florida Legislature enacted in 2023, that period was shortened from ten years to seven, running from the earliest of the relevant certificate of occupancy, certificate of completion, or abandonment of construction. Once the repose period runs, the claim is barred, full stop.

How to Pursue a Construction Defect Claim in Broward County

• Document the defect with photos, dates, and a written description of what’s wrong and when you discovered it.
• Get an evaluation from a qualified engineer or other expert to confirm the cause and scope of the defect.
• Review the contract and any warranties tied to the work.
• Serve the Chapter 558 Notice of Claim on every responsible party, within the required timeframe.
• Allow the inspection and cure period required by law before filing suit.
• File suit within the statute of limitations and repose period if the claim isn’t resolved.

Each step has a deadline, and Florida courts offer little flexibility if you miss one.

Litigating a Defect Claim: From Notice to Recovery

Serving notice is only the first, and easiest, step. But recovering what a defect actually costs you takes litigation experience and being aggressive. Michael Garcia, P.A. handles construction defect matters from the Chapter 558 notice process through trial, including:

• Coordinating expert inspections and damage evaluations
• Pursuing repair costs, diminished property value, and related damages
• Litigating breach of contract and Building Code claims
• Pursuing prevailing-party attorney’s fees where a contract or statute allows it
• Responding to a contractor’s offer to repair under Chapter 558

If You’re a Contractor, Developer, or Design Professional: Defending a Defect Claim

Not every claim of a “defect” is supported by the evidence, and Florida law gives contractors, developers, and design professionals real ways to push back.

Contracts, Warranties & the Chapter 558 Notice Process

Whether you’re sending a notice or responding to one, the underlying paperwork often decides the case. We help clients with:

• Drafting and responding to Chapter 558 Notices of Claim
• Reviewing construction contracts, specifications, and warranty language
• Coordinating with engineers and other experts on causation and repair scope
• Documenting the defect and resulting damages before litigation begins

When Chapter 558 Isn’t the Whole Story: Other Legal Theories

Not every construction defect case turns entirely on Chapter 558. Depending on the facts, we can also pursue or defend claims for:

• Breach of contract
• Breach of the implied warranty of fitness for habitation
• Negligence
• Violation of the Florida Building Code (material violations under §553.84)